Articles Posted inBirth Injury

In the recent case of Milambo v. Satlin, a Massachusetts appellate court affirmed a ruling in favor of the defense in a medical malpractice case involving the stillbirth of a child. The plaintiff in the lawsuit was the father of a child who was stillborn. The baby was delivered via Caesarian section (C-section) during 2007. The father brought the lawsuit in his capacity as the personal representative of the deceased infant’s estate.

According to the complaint, roughly 45 minutes passed between the moment that the physician overseeing the birth informed the mother that a C-section procedure was needed and the time that the mother provided her consent to proceed with the procedure. After the child was delivered via C-section, it was discovered that the infant had a zero score on the Apgar scale and lacked any detectable pulse.